CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Child's Preferences
11 Cards On This Topic:

Statutory provisions for consideration of child’s preferences in devising a permanency plan.

No error in terminating parental rights where DSS did not inform court about 7-yr. and 5-yr. old's feelings about it, and, in any case, in their best interests, court need not follow Cs wishes unless they are over 12.

Mother knew SSD reports did not discuss Ms' wishes re permanent plan but failed to argue it below and may have waived issue on appeal; however, court instructed to consider Ms' wishes on remand on other issues.

Sufficient evidence in court reports prepared for hearing to assess Ms’ wishes and best interests without direct testimony in court or chambers.

M’s statement re adoption required unless age or physical, emotional, or other condition precludes meaningful response.

Child’s direct expression of his wishes before terminating parental rights unnecessary where court could draw reasonable, compelling inference of wishes based on other evidence.

Children’s wishes re termination and adoption adequately presented by direct evidence at W&I 366.26 hearing in form of reports, testimony of others and judge’s interviews with children.

Error cannot be predicated on the juvenile court’s failure to consider wishes of the child when the child is too young to express them.

Minor 10 years or older may object to termination of parental rights only as to him/herself, not sibling; sibling’s wishes not considered in permanency planning.

Court not required to inquire as to preference of 4-year-old child.

Cases discussing various aspects of consideration of child’s preferences in termination proceedings.